Decision 1578H – California Nurses Association (O'Malley)
SF-CO-72-H
Decision Date: December 31, 2003
Decision Type: PERB Decision
Description: O’Malley, a nonmember but part of the bargaining unit, claimed that CNA failed to provide him with financial records at his request. He stated that this violates the agency fee regulations and so is an unfair practice.
Disposition: The Board determined this is a separate requirement from those involving agency fees. The only remedy for failure to make available financial reports is a petition to compel compliance and therefore O’Malley did not state a prima facie violation of HEERA. The case is moot since CNA ultimately provided the reports.
Perc Vol: 28
Perc Index: 46
Decision Headnotes
803.01000 – In General
HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.It should be noted that PERB Regulation 32125(a), formerly section 32125(e), only permits an employee belonging to the organization to file a petition to compel compliance under HEERA section 3587. Therefore, O’Malley has no remedy under this section
1406.00000 – In General
HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.
1503.02000 – Regulations Considered (By Number)
HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.